How much a landlord can charge, and which deductions are actually legal
This page covers how much a landlord may charge in Oregon, and which deductions from a residential deposit are lawful. It assumes the tenancy has ended and the question is what may be withheld.
It does not cover:
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
Caps frequently carry exceptions — smaller landlords, furnished units, or pets are treated differently in most states. Read the provision itself rather than relying on the headline figure.
| Claimed deduction | Permitted in Oregon |
|---|---|
| Tenant defaults in the performance of the rental agreement (including unpaid rent) | Permitted, if substantiated |
| Repair of damage caused by the tenant, not including ordinary wear and tear | Permitted, if substantiated |
| Carpet cleaning beyond ordinary vacuuming, only under the specific statutory conditions | Permitted, if substantiated |
| Claimed deduction | Permitted in Oregon |
|---|---|
| Ordinary wear and tear (expressly non-deductible) | Not permitted |
| Any amount without the written accounting within 31 days | Not permitted |
Whether a specific charge is lawful depends on the facts — how old the damage is, whether the lease addressed it, and whether the landlord can document the cost. A charge being in the "permitted" column does not make it automatically collectable.
The landlord must give a written accounting stating specifically the basis of each claim within 31 days, and may only deduct for tenant defaults (unpaid rent) and damage beyond ordinary wear and tear. Failure to account or bad-faith withholding triggers double damages.
In Oregon the burden sits with the landlord. This matters strategically: if the burden is theirs, your task is to request the documentation rather than to prove the deduction wrong. Or. Rev. Stat. § 90.300 ↗
A landlord who withholds in bad faith may be liable for 2x the portion wrongfully withheld.
If the landlord fails to comply with the 31-day return/accounting requirement, OR withholds in bad faith, the tenant may recover TWICE the amount: (a) withheld without a written accounting, or (b) withheld in bad faith. The "no written accounting" branch is effectively automatic; the "bad faith" branch requires a finding of bad faith.
Or. Rev. Stat. § 90.300(16) ↗Oregon's § 90.300(16) gives double damages on two independent grounds: (a) withholding without the required written accounting, or (b) bad-faith withholding. The first branch is effectively automatic once the 31-day accounting deadline passes.
Or. Rev. Stat. § 90.300(16) ↗Oregon requires the landlord to give a written accounting that "states specifically the basis or bases of the claim" within 31 days. Vague or missing accountings are themselves the trigger for double damages.
Or. Rev. Stat. § 90.300(12) ↗““I deducted for cleaning and damages.””
You must give a written accounting stating the specific basis of each deduction within 31 days, and you cannot deduct for ordinary wear and tear. A vague deduction without that accounting exposes you to double damages.
Or. Rev. Stat. § 90.300(12), (16)
““The deposit covered normal wear and tear.””
Oregon law expressly prohibits deducting for ordinary wear and tear. Only damage I actually caused (beyond wear and tear) and unpaid rent may be charged against the deposit.
Or. Rev. Stat. § 90.300(7)
““I will keep the deposit and you can sue me.””
If you fail to account for and return my deposit within 31 days, or withhold in bad faith, I can recover twice the amount withheld under § 90.300(16).
Or. Rev. Stat. § 90.300(16)
Some widely circulated summaries of Oregon deposit law state things the statute does not say. We list the disagreements rather than picking a side silently.
| Source | What it says |
|---|---|
| Some summaries | 30 days |
| Or. Rev. Stat. § 90.300(13) | 31 days |
What we follow: 31 days
The statute plainly says 31 days. Reporting 30 days is a common but incorrect rounding.
Every figure on this page comes from the official text, not from a summary. The table below lists each provision used and the date it was last checked against the source.
| Statute | Last verified | Source |
|---|---|---|
| Or. Rev. Stat. § 90.300(13) | 2026-10-15 | official text ↗ |
| Or. Rev. Stat. § 90.300(16) | 2026-10-15 | official text ↗ |
| Or. Rev. Stat. § 90.300 | 2026-10-15 | official text ↗ |
| Or. Rev. Stat. § 90.300(12) | 2026-10-15 | official text ↗ |
Primary reference: Or. Rev. Stat. § 90.300 (Security Deposits; Prepaid Rent). Where the official text and a secondary summary disagree, this page follows the official text and says so. Amendments are recorded on the site changelog.
A self-help letter is the right starting point for a single deposit you can document. Get legal help if:
Local legal aid organisations and tenant unions offer free help for qualifying cases. They are independent of this site — we list them because they are the right place to go, not because they link here.
Oregon Security Deposit Return
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The statute does not permit deductions for: ordinary wear and tear (expressly non-deductible); any amount without the written accounting within 31 days.
The landlord. The landlord must give a written accounting stating specifically the basis of each claim within 31 days, and may only deduct for tenant defaults (unpaid rent) and damage beyond ordinary wear and tear. Failure to account or bad-faith withholding triggers double damages.
No statutory cap under state law (a landlord may charge whatever amount the lease specifies).
No. Ordinary wear and tear (expressly non-deductible)